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2 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOSOVO AND THE GOVERNMENT OF THE KINGDOM OF NORWAY ON THE READMISSION OF PERSONS WITH UNAUTHORIZED STAY THE HIGH CONTRACTING PARTIES, THE GOVERNMENT OF THE REPUBLIC OF KOSOVO, and THE GOVERNMENT OF THE KINGDOM OF NORWAY Determined to strengthen their co-operation in order to combat illegal immigration more effectively, Desiring to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and safe and orderly return of persons who do not, or who do no longer fulfil the conditions for entry to and stay on the territories of Kosovo or Norway, and to facilitate the transit of such persons in a spirit of co-operation, Considering that, in appropriate cases, Kosovo and Norway should make best efforts to send third-country nationals and stateless persons who illegally entered their respective territories, back to the States of origin or permanent residence, Acknowledging the necessity of observing human rights and freedoms, and emphasizing that this Agreement shall be without prejudice to the rights and obligations of Kosovo and Norway arising from the Universal Declaration of Human Rights of 10 December 1948 and from international law, in particular, from the European Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms, the Convention of 28 July 1951 and the Protocol of 31 January 1967 on the Status of Refugees, the international Covenant on Civil and Political Rights of 16 December 1966 and international instruments on extradition, Taking into account that cooperation between Norway and Kosovo in the fields of readmission and facilitation of mutual travel is of common interest, HAVE AGREED AS FOLLOWS: Article 1 Definitions For the purpose of this Agreement: (a) Contracting Parties shall mean Governments of The Republic of Kosovo and the Kingdom of Norway. 2

3 (b) (c) (d) (e) (f) (g) (h) (i) (j) National of the Republic of Kosovo shall mean any person who holds the citizenship of the Republic Kosovo National of the Kingdom of Norway shall mean any person who holds the citizenship of the Kingdom of Norway. Third-country national shall mean any person who holds a citizenship other than that of Kosovo or Norway. Stateless person shall mean any person who does not hold any citizenship. Residence authorization shall mean a certificate of any type issued by Kosovo or Norway entitling a person to reside in its territory. This shall not include temporary permissions to stay in its territory in connection with the processing of an asylum application, or an application for a residence authorization. Visa shall mean an authorization issued or a decision taken by Kosovo or Norway which is required with a view to entry in, or transit through, its territory. This shall not include airport transit visa. Requesting State shall mean the State (Kosovo or Norway) submitting the readmission application pursuant to Article 5 or a transit application pursuant to Article 11 of this Agreement. Requested State shall mean the State (Kosovo or Norway) to which a readmission application pursuant to Article 5 or a transit application pursuant to Article 11 of this Agreement is addressed. Competent Authority shall mean any national authority of Kosovo or Norway entrusted with the implementation of this Agreement in accordance with Article 16 thereof. SECTION I READMISSION OBLIGATIONS Article 2 Readmission of own nationals (1) The Requested State shall, upon application by the Requesting State and without further formalities other than those provided for by this Agreement, readmit to its territory all persons who do not, or who no longer, fulfil the conditions in force for entry to or stay on the territory of the Requesting State provided that evidence is furnished, in accordance with Article 6 of this Agreement, that they are nationals of the Requested State. (2) The Requested State shall, as necessary and without delay, issue the person whose readmission has been accepted with the travel document with a period of validity of at least 1 months; this is irrespective of the will of the person to be readmitted. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Requested State shall, within 10 calendar days, extend the validity of the travel document for return or, where necessary, issue a new travel document with the same period of validity. If the Requested State has not, within 10 3

4 calendar days, issued the travel document, extended its validity or, where necessary, renewed it, then the Requesting State may issue a travel document for return for foreigners. Article 3 Readmission of third-country nationals and stateless persons (1) The Requested State, upon application by the Requesting State and without further formalities other than those provided for by this Agreement, shall readmit to its territory third-country nationals or stateless persons who do not, or no longer, fulfil the conditions in force for entry to or stay on the territory of the Requesting State provided that evidence is furnished, in accordance with Article 7 of this Agreement, that such persons (a) or illegally entered the territory of Norway coming directly by air from the territory of Kosovo or illegally entered the territory of Kosovo coming directly by air from Norway; (b) or (c) at the time of entry held a valid residence permit issued by the Requested State; at the time of entry held a valid visa issued by the Requested State and entered the territory of the Requesting State coming directly by air from the territory of the Requested State. (2) The readmission obligation in paragraph 1 of this article shall not apply if a) the third country national or stateless person has only been in airside transit via an International Airport of the Requested State; or b) the Requesting State has issued to the third-country national or stateless person a visa or residence permit before or after entering its territory unless - that person is in possession of a visa or residence permit, issued by the Requested State, which has a longer period of validity; or - the visa or residence permit issued by the Requesting State has been obtained by using forged or falsified documents. (3) After the Requested State has given a positive reply to the readmission application, the Requesting State issues the person whose readmission has been accepted a travel document recognized by the Requested State. If the Requesting State is Kosovo this travel document is the Kosovo Travel Paper for Foreigners (Annex 7). If the Requesting State is Norway this travel document is Norwegian laissez-passer (Annex 8). Article 4 Readmission in error The Requesting State shall take back any person readmitted by the Requested State if it is established, within a period of 3 months after the transfer of the person concerned, that the requirements laid down in articles 2 or 3 of this Agreement are not met. 4

5 In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and the Requested State shall also communicate all available information relating to the actual identity and nationality of the person to be taken back. SECTION II READMISSION PROCEDURE Article 5 Readmission application (1) Subject to paragraph 2 of this article, any transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 and 3 shall require the submission of a readmission application to the competent authority of the Requested State. (2) If the person to be readmitted is in possession of a valid travel document or identity card and, in the case of third country nationals or stateless persons, a valid visa or residence authorization of the Requested State, the transfer of such person can take place without the Requesting State having to submit a readmission application or written communication to the competent authority of the Requested State. (3) The readmission application shall contain the following information: a) all available particulars of the person to be readmitted (e.g. given names, surnames, date and place of birth, sex and the last place of residence); b) means of evidence regarding nationality, the conditions for the readmission of thirdcountry nationals and stateless persons. (4) Where necessary, the readmission application should also contain the following information: a) a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement; b) any other protection or security measure which may be necessary in the individual transfer case. (5) A common form to be used for readmission applications is attached as Annex 5 to this Agreement. Article 6 Means of evidence regarding nationality (1) Nationality of the Requested State pursuant to Article 2 (1) of this Agreement may be: a) proven by any of the documents listed in Annex 1 to this Agreement even if their period of validity has expired. If such documents are presented, the Requested State shall recognize the nationality without further investigation being required. Proof of nationality cannot be furnished through forged or falsified documents. b) assumed on the basis of any of the documents listed in Annex 2 to this Agreement even if their period of validity has expired. If such documents are presented, the Requested State shall deem the nationality to be established, unless it can prove 5

6 otherwise on the basis of an investigation with participation of the competent authorities of the Requesting State. Nationality cannot be established through forged or falsified documents. (2) If none of the documents listed in annexes 1 or 2 can be presented, the competent diplomatic representation of the Requested State shall interview the person to be readmitted within 14 calendar days, in order to obtain the information to establish his or her nationality. This time limit begins with the date of receipt of the readmission application. Article 7 Means of evidence regarding third-country nationals and stateless persons (1) The conditions for the readmission of third-country nationals and stateless persons pursuant to Article 3 (1) (a) of this Agreement may be: a) proven by any of the documents listed in Annex 3a to this Agreement. Such documents can not be forged or falsified. The Requested State shall carry out an investigation and give an answer within 28 calendar days. In the event of a positive answer or if no answer is given within the established time limit, it is deemed that the Requested state shall recognize the illegal entrance on the territory of the Requesting state from its territory. b) established on the basis of any of the documents listed in Annex 3b to the present Agreement. Such documents can not be forged or falsified. If such documents are presented, the Requested State shall carry out an investigation and shall give an answer within 28 calendar days. In the event of a positive answer, or if no answer is given within the established time limit, it is deemed that the Requested State shall recognize the illegal entrance on the territory of the Requesting State from its territory. (2) The unlawful entry to the territory of the Requesting State pursuant to Article 3 (1) (a) of this Agreement shall be established by means of the travel documents of the person concerned in which the necessary visa or residence permit for the territory of the Requesting State are missing. A duly motivated statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence permit shall likewise provide prima facie evidence of the unlawful entry or residence. (3) The conditions for the readmission of third-country nationals and stateless persons pursuant to Article 3 (1) (b) and (c) of this Agreement may be: a) proven by any of the documents listed in Annex 4a to this Agreement. If such documents are presented, the Requested State shall recognize the residence of such persons in its territory without further investigation being required. b) established on the basis of any of the documents listed in Annex 4b to the present Agreement. Such documents can not be forged or falsified. If such documents are presented, the Requested State shall carry out an investigation and shall give an answer within a maximum of 28 calendar days. In the event of a positive answer, or if not proven otherwise, or if no answer is given when the time limit has expired, it 6

7 is deemed that the Requested State shall recognize the illegal entrance on the territory of the Requesting State from its territory. Article 8 Time limits (1) The application for readmission must be submitted to the competent authority of the Requested State within one year after the Requesting State s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for lawful entry, or residence. Readmission obligation shall not arise in case if the readmission application regarding such persons is submitted after the expiry of the mentioned term. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended until the obstacles are resolved. (2) A readmission application shall be replied to by the Requested State without undue delay, and in any event within 28 calendar days after the date of receipt of such application. Where there are legal or factual obstacles to the application being replied to in time, this time limit shall, upon duly motivated request, be extended, with 15 additional calendar days. If there was no reply within the time limits referred to in this paragraph, the transfer shall be deemed to have been agreed to. (3) Reasons for refusal of a readmission request shall be given to the Requesting State. (4) After agreement has been given or, where applicable after expiry of the time limits laid down in paragraph 2, the person concerned shall be transferred without delay and at most within 3 months. Upon request from the Requesting State this time limit may be extended by the time needed to resolve legal or factual obstacles to the transfer. Article 9 Transfer modalities and modes of transportation (1) Before the transfer of a person, the competent authorities of the Requesting State and the Requested State shall make arrangements in writing in advance regarding the transfer date, the point of entry, possible escorts and other information relevant to the transfer. (2) All means of transportation, whether by air, land or sea, shall be allowed. Transfer by air shall not be restricted to the use of the national carriers of the Requesting State or the Requested State and may take place by using scheduled flights as well as charter flights. In case of need for escorts, such escorts shall not be restricted to authorized persons of the Requesting State, provided that they are authorized persons from Kosovo or Norway. 7

8 SECTION III. TRANSIT OPERATIONS Article 10 Principles (1) Kosovo and Norway should restrict the transit of third-country nationals or stateless persons to cases where such persons cannot be returned to the State of destination directly. (2) The Requested State shall allow the transit of third-country nationals or stateless persons, if the further transportation of such persons in possible other States of transit and the readmission by the State of destination is guaranteed. (3) Transit of third-country nationals or stateless persons shall be carried out under escorts, if so requested by the Requested State. The procedural details for escorted transit operations may be laid down in the implementing protocols in accordance with Article 16. (4) Transit can be refused by the Requested State a) if the third-country national or the stateless person runs the real risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or b) if the third-country national or the stateless person shall be subject to criminal prosecution or sanctions in the Requested State or in another State of transit; or c) on grounds of public health, domestic security, public order or other national interests of the Requested State. (5) The Requested State may revoke any authorisation issued if circumstances referred to in paragraph 4 of this Article subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer guaranteed. In such cases, the requesting state shall take back the third country national or stateless person as needed and without any delay. Article 11 Transit procedure (1) An application for transit operations must be submitted to the competent authority of the Requested State in writing and is to contain the following information: a) type of transit (by air, land or sea), route of transit, other States of transit, if any, and the State of final destination; b) the particulars of the person concerned (given name, surname, maiden name, other names used/by which known or aliases, date of birth, sex and where possible place of birth, nationality, language, type and number of travel document); c) envisaged point of entry, time of transfer and possible use of escorts; 8

9 d) a declaration that in the view of the Requesting State the conditions pursuant to Article 10 (2) are met, and that no reasons for a refusal pursuant to Article 10 (4) are known of. A common form to be used for transit applications is attached as annex 6 to this Agreement. (2) The Requested State shall, within 10 calendar days after receiving the application and in writing, inform the Requesting State of its consent to the transit operation, confirming the point of entry and the envisaged time of admission, or inform it of the transit refusal and of the reasons for such refusal. (3) If the transit operation takes place by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa. (4) The competent authorities of the Requested State shall, subject to mutual consultations, assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose. SECTION IV COSTS Article 12 Transport and transit costs All transport costs incurred in connection with readmission and transit operations pursuant to this Agreement as far as the border of the State of final destination shall be borne by the Requesting State, as well as the transport and maintenance costs of the Requested State relating to the return of persons in accordance with Article 4 of this Agreement. SECTION V DATA PROTECTION AND NON-AFFECTION CLAUSE Article 13 Data Protection The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of Kosovo or Norway as the case may be. When communicating, processing or treating personal data in a particular case, the competent authorities of Kosovo shall abide by the relevant legislation of Kosovo and the competent authorities of Norway shall abide by the relevant legislation of Norway. Additionally the following principles shall apply: (a) (b) personal data must be processed fairly and lawfully; personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the receiving authority in a way incompatible with that purpose; 9

10 (c) (d) (e) (f) (g) (h) (i) personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following: the particulars of the person to be transferred (given names, surnames, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality); passport, identity card or driving license and other identification or travel documents (number, period of validity, date of issue, issuing authority, place of issue); stop-overs and itineraries; other information needed to identify the person to be transferred or to examine the readmission requirements pursuant to this Agreement; personal data must be accurate and, where necessary, kept up to date; personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed; both the communicating authority and the receiving authority shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this article, in particular because that data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Contracting Party; upon request, the receiving authority shall inform the communicating authority of the use of the communicated data and of the results obtained there from; personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority; the communicating and the receiving authorities are under an obligation to make a written record of the communication and receipt of personal data. Article 14 Non-affection clause (1) This Agreement shall be without prejudice to the rights, obligations and responsibilities of Kosovo and Norway arising from International Law and, in particular, from any applicable International Convention or agreement to which they are Contracting Parties, including those referred to in the Preamble. (2) Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements. 10

11 SECTION VI IMPLEMENTATION AND APPLICATION Article 15 Joint Expert Group (1) The Contracting Parties shall set up a joint expert group (hereinafter referred to as the Expert Group ) which will in particular have the task a) to monitor the application of this Agreement; b) to propose amendments to this Agreement and its Annexes when necessary. (2) The Expert Group shall meet when necessary at the request of one of the Contracting Parties. Article 16 Implementing Protocols Contracting Parties may draw up implementing Protocols which shall cover rules on (a) designation of the competent authorities; (b) border crossing points for the transfer of persons; (c) mechanism of communication between the competent authorities; (d) conditions for escorted returns of persons, including the transit of third-country nationals and stateless persons under escort; (e) additional means and documents necessary to implement this agreement; (f) modes and procedures for recovering costs in connection with implementation of Article 12 of this Agreement. SECTION VII FINAL PROVISIONS Article 17 Amendments to the Agreement This Agreement may be amended and supplemented by mutual consent of the Contracting Parties. Amendments and supplements shall be drawn up in the form of separate protocols, which shall form an integral part of this Agreement, and enter into force in accordance with the procedure laid down in Article 19 of this Agreement. 11

12 Article 18 Registration of the Agreement The message for registering this agreement at the United Nations Secretariat pursuant to Article 102 of the United Nations Charter will be conveyed immediately after its entry into force by the Government of the Kingdom of Norway. The other Contracting Party will be notified by communicating the number of registration in the UN, when this number has been confirmed by the United Nations Secretariat. Article 19 Entry into force, duration and termination (1) This Agreement shall be ratified or approved by the Contracting Parties in accordance with their national legislation. (2) Subject to paragraph 3 of this article, this Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed. (3) This Agreement is concluded for an unlimited period. Each Contracting Party may denounce this Agreement by officially notifying the other Contracting Party. This Agreement shall be terminated six months after such notification is received. Article 20 Annexes Annexes 1 to 8 shall form an integral part of this Agreement. Done at... on the... day of... in the year... in duplicate in the Albanian English, Norwegian and Serbian languages, each of these texts being equally authentic. In case of divergences, the English text shall prevail. 12

14 Annex 2 LISTS OF DOCUMENTS REPRESENTING PRIMA FACIE EVIDENCE OF NATIONALITY (ARTICLE 6 (1) LIT. B)) For Norway: - photocopies of any of the documents listed for Norway in annex 1 to this Agreement; - driving licenses or photocopies thereof; - birth certificates or photocopies thereof; - company identity cards or photocopies thereof; - statements by witnesses; - statements made by the person concerned and language spoken by him or her, including the results of any official test conducted to establish the person s nationality. For the purpose of this Annex, the term official test is defined as a test commissioned or conducted by the authorities of the Requesting State and validated by the Requested State; - any other document which may help to establish the nationality of the person concerned. For Kosovo: - photocopies of any of the documents listed for Kosovo in annex 1 to this Agreement; - driving licenses or photocopies thereof; - birth certificates or photocopies thereof; - company identity cards or photocopies thereof; - statements by witnesses; - statements made by the person concerned and language spoken by him or her, including the results of any official test conducted to establish the person s nationality. For the purpose of this Annex, the term official test is defined as a test commissioned or conducted by the authorities of the Requesting State and validated by the Requested State; - any other document which may help to establish the nationality of the person concerned. 14

15 Annex 3 COMMON LIST OF DOCUMENTS REGARDING THIRD COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLE 7 (1)) PART A - named tickets of air, train, coach or boat passages, which testify to the presence and the itinerary of the person concerned from the territory of the Requested State directly to the territory of the Requesting State; - passenger lists of air, train, coach or boat passages which testify to the presence and the itinerary of the person concerned from the territory of the Requested State directly to the territory of the Requesting State. PART B - official statements made, in particular, by border authority staff of the Requesting State and other witnesses who can testify to the person concerned crossing the border; - documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts etc.) which clearly show that the person concerned stayed on the territory of the Requested State; - information showing that the person concerned has used the services of postal services, a transport or travel agency; - official statement by the person concerned in judicial or administrative proceedings. 15

16 Annex 4 COMMON LIST OF DOCUMENTS REGARDING THIRD-COUNTRY NATIONALS AND STATELESS PERSONS (ARTICLE 7 (3)) PART A - valid visa and/or residence authorisation issued by the Requested State; - entry/departure stamps or similar endorsement in the travel document of the person concerned or other evidence of entry/departure. PART B - Photocopies of any of the documents listed in Part A. 16

17 Annex 5 [Emblem of.] (Designation of competent authority of the requesting state) Reference:... To (Designation of competent authority of the requested state)..... (Place and date) READMISSION APPLICATION pursuant to Article 5 of the Agreement between Kosovo and Norway on the readmission of persons with unauthorized stay A. PERSONAL DETAILS 1. Full name (underline surname): Maiden name: Date and place of birth:... Photograph 4. Address of residence in the state of origin or permanent residence Nationality and language: Civil status: married single divorced widowed If married: name of spouse... Names and age of children (if any)

18 ] 7. Sex and physical description (height, colour of eyes, distinguishing marks etc.): Also known as (earlier names, other names used/by which known or aliases):... If married: name of spouse... Names and age of children (if any) Last address in the Requesting State: B. MEANS OF EVIDENCE ATTACHED (Passport No.).... (issuing authority) (Identity card No.).... (issuing authority) (Driving licence No.).... (issuing authority) (Other official document No.).... (issuing authority).... (date and place of issue).... (expiry date).... (date and place of issue).... (expiry date).... (date and place of issue).... (expiry date).... (date and place of issue).... (expiry date) C. SPECIAL CIRCUMSTANCES RELATING TO THE TRANSFEREE 1. State of health (e.g. possible reference to special medical care; Latin name of disease): Indication of particularly dangerous person (e.g. suspected of serious offence; aggressive behaviour):... D. OBSERVATIONS (Signature the competent authority of the requesting state) 18

19 [Emblem of...] Annex (Designation of the competent authority of the requesting state )..... (Place and date) Reference:... To (Designation of competent authority of the requested state ) TRANSIT APPLICATION pursuant to Article 11 of the Agreement between Kosovo and Norway on the readmission of persons with unauthorized stay A. PERSONAL DETAILS 1. Full name (underline surname): Maiden name: Date and place of birth:... Photograph 4. Sex and physical description (height, color of eyes, distinguishing marks etc.): Also known as (earlier names, other names used/by which known or aliases):

20 6. Nationality and language: B. TRANSIT OPERATION 1. Type of transit by air by sea by land 2. State of final destination 3. Possible other States of transit Proposed border crossing point, date, time of transfer and possible escorts 5. Admission guaranteed in any other transit State and in the State of final destination (Article 10 paragraph 2) yes no 6. Knowledge of any reason for a refusal of transit (Article 10 paragraph 4) yes no C. OBSERVATIONS (Signature of the requesting authority) (Seal/stamp) 20

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